How has the court interpreted the meaning of the word "knowledge that the gang's members engage in or have engaged in criminal gang activity"?

California, United States of America


The following excerpt is from People v. Amezcua, F064904 (Cal. App. 2014):

Bender, supra, 27 Cal.2d at p. 180) while "knowledge that the gang's members engage in or have engaged in a pattern of criminal gang activity" is an element of the gang participation offense (People v. Rodriguez (2012) 55 Cal.4th 1125, 1130 (Rodriguez); accord, 186.22, subd. (a)). Thus, the use of CALCRIM No. 250 was inappropriate. The court compounded its mistake by concurrently providing CALCRIM No. 251 on the union of act and specific intent and/or mental state for count 2. As noted, CALCRIM No. 250 and CALCRIM No. 251 are mutually exclusive instructions. Instead, the court should have given solely CALCRIM No. 251 for counts 1 and 2.

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